- The Pretoria High Court ruled against Thabo Bester and Dr Nandipha Magudumana’s urgent application to prevent Netflix from airing a three-part docuseries
- Bester and Magudumana contended that the documentary would damage their dignity, affect their case, and undermine their right to a fair trial
- In her order on Friday, 12 September 2025, Judge Sulet Poterill noted that Bester and Magudumana could pursue defamation claims against Netflix post-release
The Pretoria High Court has rejected the attempt by convicted rapist and murderer Thabo Bester and his alleged partner Dr Nandipha Magudumana to stop Netflix from airing a three-part documentary Beauty and the Bester. This series explores the events surrounding Bester’s escape from prison.
Bester and Magudumana submitted an urgent request to obtain an interdict against Netflix to prevent the airing of the documentary that shares their story.
The pair claimed that the documentary would adversely affect them, infringe upon their right to a fair trial, and undermine their dignity and presumption of innocence.
Court dismisses urgent request from Bester and Magudumana
In a decision given on Friday, 12 September 2025, Judge Sulet Poterill allowed Netflix to proceed with the release of the Beauty and the Bester documentary as planned.
Judge Poterill dismissed both Nandipha Magudumana and Thabo Bester’s urgent applications and ruled that they must bear the costs at an attorney-client rate.
“I have exercised my discretion and the order of costs is as follows; the applicant is to pay the costs on scale C,” Judge Sulet Poterill said.
Judge Poterill found that the applications from Bester and Magudumana lacked urgency and substance. She also dismissed convicted rapist Thabo Bester’s assertion that the documentary’s release would harm him, infringe upon his right to a fair trial, compromise his dignity, or violate the presumption of innocence.
She cautioned that Bester and Magudumana could pursue defamation lawsuits against Netflix if they believe the documentary’s content has damaged their reputations.
Judge Poterill reiterated that the Beauty and the Bester docuseries would not influence any judges involved in the trial process and that witnesses would still go through cross-examination.
“Defamation can be sued for. The case law is clear. Furthermore, the right to silence, the right to a fair trial, and the right to be innocent until found guilty is not in any way affected by the utterances referred to. No judge will be influenced by any documentary. Witnesses will be exposed to cross-examination. The public will form an opinion but that is a by byproduct of the criminal justice system and does not affect the rights of Mr. Bester as claimed,” Judge Poterill said.
